Legal Representation

and Assistance In Bankruptcy

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Bankruptcy is governed by federal law, and can provide a quick and low-cost way to discharge debts and begin your Fresh Start. There are multiple chapters of bankruptcy, providing different levels of discharge and opportunity to restructure, refinance, and discharge your or your businesses’ debts.

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Chapter 7

  • Florida has an unlimited homestead exemption, as well as a limited number of other personal property exemptions.

  • A chapter 7 bankruptcy can provide a debtor with the right to mediation to restructure or modify their home loan.

  • Secured debt: Bankruptcy provides most debtors the right to either: a. reaffirm (keep & keep paying – reduce interest rate); b. redeem (purchase for value the item, without the need to pay the contract price; c. surrender (turn over and avoid any further obligation).

  • Your income tax debts over three years old may be dischargeable.

  • Many debts are dischargeable, including repossessions, signature loans, foreclosure, medical, credit card, judicial liens, money owed to another person, debts unsecured by a valid lien.

Chapter 13

  • Provides an eligible debtor the ability to enter into a repayment plan over the course of 36-60 months.

  • A chapter 13 bankruptcy can provide a debtor with the right to mediation to restructure or modify their home loan, or to catch back up on any arrears over 5 years.

  • Chapter 13 provides the ability to stop collections on the secured property (washer, furniture, tv, car, home) and pay off over 36-60 months, often at a lower interest rate or monthly amount.

  • Some income tax debts over three years old are dischargeable or can be repaid over time.

Chapter 11

  • Corporations or businesses needing the opportunity to obtain financing, to restructure current debts and get rid of unnecessary debt.

  • Sub chapter v can be finalized in less than one year.

  • Can be used to liquidate a business and provide notice to all creditors to properly and fairly divide any payment of remaining assets.

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